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2025 DAILYLAW 13498 (AP)

MATHA SRINIVASA RAO v. MATHA VENKATA LAKSHMI

CRLP/3442/2025 · 2025-04-01

Harinath N

body2025

Judgment text

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APHC010162562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3442/2025 Between: Matha Srinivasa Rao ...PETITIONER/ACCUSED AND Matha Venkata Lakshmi and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. V O RAJA VEER Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: -2- CRL.P. No.3442 OF 2025 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.3442 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 17.05.2024 in Crl.M.P. No.3838 of 2023 in M.C. No.33 of 2018, passed by the Judicial Magistrate of First Class, East Godavari, Kothapeta, whereby the learned Magistrate dismissed the petition filed by the petitioner seeking recall of P.W.1 for the purpose of cross-examination. 3. The learned counsel further submits that the petitioner intends to cross-examine P.W.1 in M.C. No.33 of 2018. The respondents 1 to 3 filed the maintenance case claiming maintenance of Rs.10,000/- for the 1st respondent and Rs.5,000/- each for the two children. 4. The maintenance case was filed on 22.11.2018. The application seeking the recall of P.W.1 was filed on 10.07.2023 and the application was dismissed by the learned Magistrate on 17.05.2024. The reasons assigned by the Magistrate are that the petitioner did not represent the matter on 17.05.2024, as well as on 31.01.2024 and 27.02.2024. -3- CRL.P. No.3442 OF 2025 5. Considering the same, this Court is not inclined to interfere with the order under challenge, and accordingly, the criminal petition is dismissed. 6. Miscellaneous petitions, if any, pending in the criminal petition shall stand closed. ____________________ JUSTICE HARINATH. N Dt.01.04.2025 BV